Townsley v. Thielecke

BARRETT, Commissioner.

This action in four counts is said to be a suit “in equity and at law to recover for plaintiffs the surplus funds of a foreclosure sale of real property formerly owned by them.” Or alternatively, “Plaintiffs’ suit is grounded in contract and in fraud, either to enforce what they claim was the true consideration for the quitclaim deed they executed, or to set the deed aside on alleged grounds of fraud and have a constructive trust or equitable lien declared in their favor.” The trial court found that plaintiffs were not entitled to either legal or equitable relief and the…